John Kerry's position on

Judicial Accountability: Due to rancor and political discord marring the judicial and nomination process within the last few years, many federal benches have been left vacant. The Bush Administration feels the Senate's abuse of power is to blame, while Kerry and many other senators feel that the Bush's continuance in nominating right wing judges is keeping vacancies from being filled.

Description of candidate's position: Kerry supports the nomination of judges that have a record of respect for constitutional rights. Kerry believes that reform is necessary in the judicial nomination process because the courts are filled with right-wing judges that do not respect the rights and freedoms that all Americans are entitled to. Kerry also believes that "the President is playing politics and stumping for judicial nominees who would roll back the rights and freedoms that make America great". (link) Kerry backs "the Fairness Act to reverse damage done to civil rights laws by right-wing judges and only appoint judges with a record of enforcing the nation's civil rights and anti-discrimination laws". (link)

Quotation from the candidate: Whenever one party attempts to turn judicial decisions into political debates, it causes Americans to doubt the independence of the courts and to question their role. But most importantly, it takes important issues out of the realm of legislation and executive actions areas where the people, through their voice and their votes, can exert influence. Instead, crucial choices on policy matters are made by judges acting in a super-legislative capacity. In these instances, the quality of justice for all suffers. But those that suffer most, are those who most need protections and equality. Des Moines, Iowa, March 8, 2004, from the Kerry website.

Assessment of the proposal:

Positive: undergoing additional research

Negative: The Center for Individual Freedom, a non-partisan, non-profit organization whose mission is to protect and defend individual freedoms and rights guaranteed by the Constitution, made this statement concerning judicial nominations. "Let's be clear. The obstruction of the judicial confirmation process, led by Candidate Kerry's mentor and prime supporter, Senator Kennedy, is a political maneuver designed to threaten the independence of the judiciary and to stack the courts with judges willing to use whatever 'interpretative' means are necessary to achieve their own ideological ends. Candidate Kerry is a willing co-conspirator in Senator Kennedy's judicial confirmation obstruction strategy and for good reason. After all, the more nominees that can be stalled until January, the more seats on the federal bench there will be to fill if he is elected President". (link)

Comparison: While Bush wants to continue to fill the federal courts with right wing judges that ignore America's rights and freedoms, Kerry wants to make appointments that will promote justice for all. Kerry believes that Bush is turning judicial decisions into political debates, which causes Americans to question the role of the courts. Kerry believes that appointing judges that will uphold and respect the rights and freedoms of the American people is the key to filling vacancies in our federal courts.

Link to Bush's Issue Brief.